People v. Stearns
New York Supreme Court
Forgery. The prisoner Stearns was indicted for forging an order in these words: “ To the cashier of the Union Bank—Sir, please deliver to Messrs.
Read the full summary
Forgery. The prisoner Stearns was indicted for forging an order in these words: “ To the cashier of the Union Bank—Sir, please deliver to Messrs. Burton, Gurley & Edmonds the plates of our bank, and receive them again on deposit, and oblige your obedyt servT, G. G. Gwathtnay, Cashier—[Dated] Bank of Kentucky, Louisville, December 20, 1837”—with intent to injure and defraud The President, Directors and Company of the Bank of Kentucky., and divers other persons to the jurors aforesaid unknown against the form of the statute, &c. There was s. second count charging the prisoner with uttering and…
1Opinion of the Court
By the Court,
Cowen, J.
The objections taken at the bar are reducible to the following: 1. That the indictment is defective, inasmuch as it does not aver that the object of the prisoner was to defraud any natural person by name, or any body corporate ; 2. That it avers no such connection between Bbbetts, the cashier of the Union Bank, and the plates, as to show that any order on him could operate to the prejudice of the bank; nor that Gwathmay, the pretended drawer of the order, had any legal right to control them ; and for want of these averments, the instrument not being válid on its face,…
2Cases cited2 opinions
- People v. WrightNew York Supreme Court · 1832
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1819
3Cited by32 opinions
- Smith v. StateIndiana Supreme Court · 1867
- Rembert v. StateSupreme Court of Alabama · 1875
- State v. MissioTennessee Supreme Court · 1900
- Reed v. StateIndiana Supreme Court · 1867
- State v. EadesSupreme Court of Missouri · 1878
27 more not listed; retrieve them via the Exa API.